Time Limits for Filing Medical Malpractice Lawsuits are Set by Statutes of Limitation.

Common Questions about Statutes of Limitation

Medical Malpractice, Surgical Malpractice and Wrongful Death

Statutes of limitation are laws that set out the time limits within which all cases, claims, causes of action, and lawsuits for medical malpractice, surgical malpractice, and wrongful death must be filed in court. If a medical malpractice, surgical malpractice, or wrongful death lawsuit is not filed before the time limit set by the statute of limitation runs out, then the lawsuit is barred and the cause of action lost forever.

The following are questions we commonly are asked about the statutes of limitation for medical malpractice, surgical malpractice, and wrongful death cases.

Simply click on the question for the answer.

Purposes of Statutes of Limitation

What purposes are statutes of limitation intended to serve?

Why do we have statutes of limitation in the first place?

Importance of Statutes of Limitations

Why are statutes of limitation for medical malpractice, surgical malpractice, and wrongful death lawsuits so important?

No Universal Statute of Limitation

Are the time limits set by statutes of limitation for medical malpractice, surgical malpractice, and wrongful death lawsuits the same everywhere?

Where can statutes of limitation for medical malpractice, surgical malpractice, and wrongful death be found?

"Accrual" of the Cause of Action

When does the time limit set by statutes of limitation begin to run?

When does the limitation period begin?

When does the clock start ticking?

When does the limitations period begin?

Tolling Provisions -- Extension of Time Limits Set by Statutes of Limitation

Under what, if any, circumstance can the statutes of limitation for medical malpractice, surgical malpractice, or wrongful death be extended or tolled?

Are there exceptions to the general rule that a cause of action for medical malpractice, surgical malpractice or wrongful death accrues when the act omission giving rise to the cause of action occurs and the injury is suffered?

Are there ever exceptions to the general statutes of limitation rules for medical malpractice and surgical malpractice?

Is the running of a statute of limitation ever suspended?

Minor Children

Is there ever an exception to the general medical malpractice and surgical malpractice statutes of limitation rules for children who are the victims of medical malpractice or surgical malpractice?

Are time limits for filing a law suit for medical malpractice or surgical malpractice extended when the victim of malpractice is a minor child?

Foreign Object Left in a Patient's Body Undiscovered

Is there an exception to the general medical malpractice and surgical malpractice statutes of limitation rules when a foreign object, such as a sponge or surgical instrument is left in the body of the victim of medical malpractice surgical malpractice?

What if a surgical instrument was left in me but I didn't know it?

Continuing Treatment Rule

Is there an exception to the general medical malpractice and surgical malpractice statutes of limitation rules for the time when when the doctor or surgeon who committed the malpractice continues to treating the victim of medical malpractice or surgical malpractice for the same condition?

Fraud or Concealment

Is there an exception to the general medical malpractice and surgical malpractice statutes of limitation rules when the doctor or surgeon who committed the medical malpractice or surgical malpractice fraudulently concealed the medical malpractice or surgical malpractice?

Mental Incapacity and/or Physical Incapacity

Is there an exception to the general medical malpractice and surgical malpractice statutes of limitation rules when the victim of the medical malpractice or surgical malpractice is mentally incapacitated or physically incapacitated?